(영문) 수원지방법원 2020.01.17 2019가단541205

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2020.01.17 2019가단541205

손해배상(기)

Text

1. The Defendant’s KRW 10,000,000, and its annual rate from August 24, 2019 to January 17, 2020, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who completed a marriage report with C on February 7, 2011.

The plaintiff has three children between C and C (2011, 2014, and 2017).

B. On January 2019, the Defendant, as a golf instructor, provided golf lessons to C, and committed unlawful acts, such as having a sexual relationship, with C knowing that C is a spouse.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s communal life falling under the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, constitutes a tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). 2) According to the above acknowledged facts, the Defendant, even though he/she is aware that he/she is a spouse of C, thereby infringing on or interfering with the Plaintiff’s communal life with C by committing unlawful act with the knowledge that he/she is a spouse of C, is liable to compensate for emotional distress suffered by the Plaintiff.

B. In full view of all the circumstances indicated in the records and arguments, such as the scope of damages and the marriage period and family relationship with the Plaintiff and C, the background of the instant case, the period and degree of the Defendant and C’s wrongful act, and the fact that the Plaintiff appears to have suffered considerable mental impulse, the consolation money shall be set at KRW 10,000,000.

C. According to the theory of lawsuit, the defendant, as a result of the defendant's illegal act, is 10,000 won and the defendant's illegal act, and it is clear that it is the day following the delivery date of a duplicate of the complaint of this case filed by the plaintiff, which is the day after August 24, 2019, and that it is reasonable for the defendant to resist the existence and scope of the obligation, from August 24, 2019 to January 17, 2020, which is the date of this decision, 5% per annum under the Civil Act and

참조조문

-민법

참조판례

-대법원 2014. 11. 20. 선고 2011므2997 전원합의체 판결

유사 판례

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